In April of 2017, a ZLF client employed as a tow truck driver was scheduled for a non-jury trial in Allegheny County on charges of Simple Assault and Harassment. The Commonwealth alleged as follows: (1) that the client had rammed the victim's vehicle on multiple occasions, causing damage to the vehicle and (2) that the victim was punched once and shoved into the side of the client's tow truck, causing broken ribs.

At the preliminary hearing, the prosecution would not resolve the case with a plea to summary offenses. After conducting a preliminary hearing, the charges were held for court and scheduled for trial. No plea offer was made in advance of trial.

As part of trial preparation, ZLF obtained copies of the emergency room records from the incident date, where the CT scans and physical examinations of the alleged victim revealed no evidence of bruising, swelling or fractures (i.e. broken ribs). Although the prosecution is not required to provide evidence of serious injury to prove a simple assault case, the medical evidence helped demonstrate that the alleged victim was not credible. Towing records also revealed a lack of damage to the alleged victim's vehicle, contradicting the claim that the vehicle was rammed.

On the date of trial, the client accepted a plea offer where the misdemeanor Simple Assault charges were withdrawn in return for a guilty plea to summary crimes of Harassment and Disorderly Conduct for probation.

Although this was a case that the prosecution should have agreed to resolve at the preliminary hearing, proper trial preparation helped achieve the proper result.

The Zuckerman Law Firm LLC is a single-member Pennsylvania limited liability company solely owned and operated by Attorney David Zuckerman, Esquire. Neither the Zuckerman Law Firm LLC, nor any of its owners, employees and/or agents, guarantee any result or outcome on any legal matter. The content of this website is for informational and/or marketing purposes only, and must not be construed as legal advice for any individual case or situation. ZLF makes no promises or representations regarding the accuracy of information contained on this website, and the viewing and/or receipt of information on this website is not intended to create, nor does it create, an attorney-client relationship in any state or jurisdiction. Please note that the free consultation referenced throughout this website is a telephone-only consultation not to exceed 10 minutes, limited to an overview of the paid services our firm can provide, and provided only to individuals with active criminal cases in counties where new cases are accepted. ZLF does not provide self-help or otherwise assist or instruct any individual in representing himself or herself on any legal matter.